What benefits and challenges do electronic wills present? What factors would one need to consider when storing an electronic will? How would revocation be proved if there is no physical will to destroy?
During the COVID-19 pandemic, amendments to British Columbia’s Wills, Estates and Succession Act (WESA) were introduced on December 1, 2021, which allowed for electronically signed and/or stored wills to be considered valid wills in the province. While the amendments to WESA allow for more flexibility, they may also present new challenges.
In the article “Electronic Signatures and Wills in Electronic Form: The Future of Estate Planning (and Litigation) has Arrived in British Columbia“, Jennifer Eshleman, Associate, and Kate Marples, KPMG Law LLP, provide an overview of the legislation expansion, the revocation process of electronic wills, and other important considerations, such as:
To fulfill his or her duty, an executor will be required not only to do a thorough search of the deceased’s physical effects to locate the last will, but also to ensure that no subsequent or additional electronic will exists.
Read Jennifer and Kate’s article to learn more about the challenges that different parties may face when making an electronic will.
Get in Touch
As more electronic wills go through probate, more concerns may surface. Those who are considering electronic wills should seek counsel that is familiar with the recent amendments to British Columbia’s WESA. If you require further information or assistance, please contact Jennifer Eshleman.